West Palm Beach Jury Awards $98,000 in Rear-End Collision

In West Palm Beach, Florida, a mother and her minor son filed a motor vehicle negligence action following a rear-end collision on May 10, 2010, on Congress Avenue. The plaintiffs alleged the defendant's negligence caused the collision, resulting in permanent cervical and lumbar injuries for the mother, including damage to her sacroiliac (SI) joint that required fusion surgery. The mother sought $177,852 in past medical expenses.

The defendant admitted negligence but argued the plaintiff driver was comparatively negligent for making a sudden right turn into an apartment complex without using a turn signal. The defense’s orthopedic surgeon testified that any injuries sustained were minor and had resolved, further opining that the mother's SI surgery stemmed from pre-existing conditions unrelated to the collision. The defense also highlighted a nine-month gap in the mother’s medical treatment and alleged inconsistencies in her complaints, including failure to disclose a subsequent motor vehicle accident.

After a five-day trial, the jury found the defendant 60% negligent and the plaintiff mother 40% comparatively negligent. The jury also determined that neither plaintiff sustained a permanent injury from the accident. The plaintiff mother was awarded $75,000 for past medical expenses, and the minor plaintiff received $23,000 for past medical expenses, for a combined total of $98,000. Post-trial motions filed by the plaintiffs were subsequently denied.